A person's rights if a victim of credit card fraud?

DL32

Hi all.

Long time lurker here.

After some advice if anyone knows.

I am trying to identify an individuals rights if they find themselves the victim of credit card fraud.

I found this webpage but it is ten years old.

choose.co.uk/guide/rights-of-credit-card-fraud-victims.html

I also read up on the Banking Code, which has now been replayed by the FSA Payment Services Regulations, but I cannot find which parts of this very large set of rules relates to fraud specifically.

Anyone know?

Thank you!

DL

Ben8282

This is a very broad topic. You will need to be more specific with regard to the type of fraud that interests you

elsien

Rights in what respect? Refund, information, actions taken?

[Deleted User]

More info needed...

DL32

I had a card that was swallowed by an ATM, and reported it a couple of days later, by which time some fraud had occurred on my card. I was denied a refund for reporting too late - I did not consider ATM retention as lost or stolen, and was abroad at the time, so wanted to wait until home to report it/ask for a new card.

Ben8282

To be honest, if my card had been retained in a foreign ATM and even if I did not suspect anything untoward on the part of the ATM, I would immediately have contacted my bank both to ask why and to establish that the transaction had not gone through.
A couple of years ago my debit card was retained in a UK ATM. I stood in front of the ATM and called my bank from there, telling anybody who approached the ATM that the ATM was faulty and retaining cards (I believe by doing this I actually prevented the person who intended to remove it from doing so). I did not leave until the bank had confirmed that the card was blocked. All the fraudsters managed to use the card for was a few low value offline contactless transactions over the next 2 or 3 days for which I was immediately reimbursed.
I am actually surprised that your bank refused to refund you for reporting this matter too late. I wouldn't really consider failure to report an ATM retention for 2 days as gross negligence on your part, but I think the credit card issuer would have taken into consideration the events as a whole including the type of use made of the card after retention and the circumstances surrounding the retention.
I do think though that most people, unless the conduct of their account was such that they were expecting the card to be retained, would normally contact the card issuer at the first possible opportunity.

Terry_Towelling

I recall a similar issue a few weeks ago with travel in Thailand (I think). The consensus then was that it was a bogus ATM (or ATM façade) retaining cards and recording PIN entries.

My personal opinion (that's all it is) is that your bank cannot reasonably regard this as loss or theft of the card in any conventional sense and so the rules applicable to reporting the card missing should not apply unless the T&Cs of the card say you should report ATM retention immediately.

However, I can see unscrupulous individuals using their card and then making up this tale to try and get some cash back from their card issuer. If your card issuer thinks this, they will not say so unless they can prove it.

If you think you are a victim of fraud (and if that is true) and that you acted reasonably, you should kick back against your card issuer by asking them to explain why it was necessary for you to report the card missing immediately when you didn't regard it as missing but retained. You should also ask them to point out which T&Cs require you to report (as a matter of urgency) a card retained in what you might reasonably have believed to be a bona fide ATM.

Other factors that may help/hinder your case will be the type of transactions undertaken after retention, and their 'velocity' and value.

[Deleted User]

If the card was blocked how did they manage to make some offline contactless transactions over a 2-3 day period?

Terry_Towelling

!!! wrote: »

If the card was blocked how did they manage to make some offline contactless transactions over a 2-3 day period?

This could have been before the card companies were obliged to send all contactless transactions online for authorisation.

Ben8282

!!! wrote: »

If the card was blocked how did they manage to make some offline contactless transactions over a 2-3 day period?

They did! My understanding is that even when a contactless offline debit card is blocked, if it is used for a transaction below the floor limit in an offline chip/pin terminal, as the terminal does not 'call out; the transaction will go through until the terminal has updated with whatever info it is updated with to prevent this happening further. I wont name the places where the card was used but it was two household name places where low value transactions do not appear as pending transactions and one other place.
Perhaps somebody with a professional understanding could elaborate further?

Terry_Towelling wrote: »

This could have been before the card companies were obliged to send all contactless transactions online for authorisation.

After checking the start date of the replacement debit card, I can confirm this was Jun or Jul 2016.
Your post would imply that this is no longer possible. If so, pleased to hear it.

18cc

You have theabsolute right to claim a refund for fraudulent transactions on the card

if they do not refund by saying you reported it too late then raise a formal complaint and if necessary after getting a Deadlock letter go to the fos

you stand a very good chance of winning as a card retained by an ATM machine is not considered lost or stolen